K RAMEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE order dated 18. 1. 2005 of the officer authorised granting 28 guntas of agricultural lands in sy. No. 123/1 of Thernahalli, by allowing the petitioner's application in form No. 7, under section 77a of The Karnataka Land Reforms Act, 1961, for short Act, when called in question in Appeal No. 482 and 483/05, by the land owners before the Karnataka Appellate Tribunal, for short KAT, was set aside by order dated 15. 3. 2006. Annexure 'a'. Hence this writ petition. FACTS IN BRIEF:

(2.) THE petitioner though claimed to be the lawful tenant in possession and cultivation of the land in question under the land owner ever since the year 1970, supported by the entries in the RTC phanis (Revenue Records), did not file application in form No. 7, under Section 48a (1) of the act, for being registered as an occupant of the said land within the time prescribed by Statute, on account of a good understanding between himself and the land owner. On the incorporation of section 77a into the Statute, the petitioner filed application in form No. 7a for grant of land, which when enquired into, including a spot inspection on 18. 1. 1999 by the revenue authorities, after notice to all interested parties, the officer authorised by order dated 18. 1. 2005 granted the said land in Sy. No. 123/1 of Therahalli, which when called in question in Appeal No. 482 and 483/05 by the land owners, before the KAT was set aside by the order impugned. ADMITTED FACTS:

(3.) THE petitioner did file an application in Form No. 7. under Section 48 (A) (1) of the Act for being registered as an occupant of lands in Sy. No. 57 and Sy. No. 23/1 being inam lands, without furnishing the particulars of Sy. No. 123/1, as tenanted land on the appointed date, which when enquired into by the Land Tribunal, rejected the application. The petitioner having not questioned the order is final and binding. CONTENTION ADVANCED: